GF [2014] No. 68
To the People's Governments of Various Provinces, Autonomous Regions and Municipalities, the Ministries and Commissions and the Departments Directly under the State Council:
Now we print and issue the Reform Plan of Implementing “Three-Mutual” to Promote the Construction of Efficient Customs Clearance to you. Please carefully implement.
State Council
December 26, 2014
The Reform Plan of Implementing “Three-Mutual” to Promote the Construction of Efficient Customs Clearance
According to the spirit of "The Decisions of the Central Committee of the Communist Party of China on Certain Major Issues In Comprehensively Deepening Reform " and the decisions and deployment of the State Council, in order to implement the important measure of “promoting the cooperation on customs clearance between inland and coastal areas and border areas, realizing information exchange, supervision mutual recognition, law enforcement mutual help among relevant port management departments”, this reform plan is formulated.
Ⅰ. General requirements
(1) Guiding ideology. Regard Deng Xiaoping Theory and "Three Represents" Important Thoughts and the Scientific Development Concept as guidance. Thoroughly implement the spirit of the Party's 18th Conference and the Second Session, the Third Session and the Fourth Session of the Eighteenth Conference. Fully implement all policy deploy of the Party Central Committee and the State Council. Surround around the "Five-in-one" overall layout and serve and establish a new the open economy system. Adhere to administration according to law. Maintain fairness and justice. Insist on paying equal attention to the convenience and safety. Optimize the port management system. Transform function implementation way. Promote the port comprehensive governance system and modernization of governance capacity.
(2) Reform goals. Based on more proactive opening-up strategy, strengthen the cross-sectoral and cross-regional cooperation on customs clearance between inland and coastal areas and border areas. Perfect the work mechanism of the port. Realize information exchange, supervision mutual recognition, mutual law enforcement among relevant port management departments (hereinafter referred to as "three-mutual"). Improve the efficiency of customs clearance. Ensure the country security. Strive to form the efficient customs clearance management system and mechanism that is suitable to Chinese realities and internationally competitive.
(3) Basic principle
Follow the rule of law. Using the rule of law thinking and way of the rule of law, build reform consensus and solve reform problems. Adhere to the strict, fair, normative and civilized law enforcement. Enhance the institutionalization, standardization and scientificalness of port management.
Safe and convenient. By strengthening supervision collaboration of relevant port management departments, optimize operation process, improve the efficiency of customs clearance and realize effective convenient and efficient control.
Intensive and efficient. Strengthen resource sharing between departments and concentrate planning. Give full play to the agglomeration effect of the resources supervision. Promote comprehensive law enforcement. Form joint management force. Improve the management efficiency.
Collaborative governance. Give full play to the existing functions of relevant port management departments. Pay more attention to the communication, collaboration and partnerships. Realize the change from one-way management to multiple governance.
Ⅱ. Strengthen efficient customs clearance collaboration mechanism and realize "three-mutual"
(4) Promote the construction of a "single window". Establish the State Council port working inter-ministerial joint conference, which takes charge of guiding the national and the local electronic port construction and comprehensive coordination duties. Construct the electronic port into a sharing platform of port management. Simplify and unify documents format and data standard. Realize one-time declaration to the port management departments through the "single window". Port management departments share information data and conduct function management through the electronic port platform. Law enforcement results are given to the declarants through the "single window". The central departments will promote the construction of the “single window” by the State Council port working inter-ministerial joint conference. The local departments will form the construction, coordination and implementation mechanism of the “single window” led by the people's governments of various provinces (districts, cities) and take charge of promoting the implementation of relevant specific work.
(5) Comprehensively promote the "one-stop operation". Carry out the new model of custom clearance such as "joint inspection, once clearance". Implement joint inspection when the customs, inspection and quarantine, frontier inspection, communication and transportation (land route) and maritime affairs (water route) need to inspect the same transport vehicle and the same exported or imported goods. Fully implement “one machine two screens” in the supervision process of passengers inspection, postal delivery and express delivery, etc..
(6) Establish and improve information sharing mechanism. Establish comprehensive information exchange and data management. Relying on the electronic port platform and regarding sharing as principle, promote the horizontal interconnection of the operating system of the port management departments, realize the comprehensive sharing of port management departments on declaring information of inbound and outbound means of transport, cargos, things (for example, foreign currency) and personnel, logistics monitoring information, inspection information, clearance information, enterprise credit information, etc. Conditionally share the confidential information.
(7) Integrate supervision infrastructure resources. The local municipal people's government takes charge of the coordination of the existing port inspection site. Carry out unified planning and construction and sharing of the new port inspection sites. Strengthen port infrastructure improvement. Provide sufficient place for entry or exit personnel to wait for inspection. According to the similar supervision requirements and standards of port management departments, jointly develop the inspection equipments such as video surveillance, X-ray machine and equip them to the ports. Equip a set of inspection equipments of the same category for the same channel of means of transport, goods and luggage shared by all inspection departments.
(8) Promote customs management integration. Strengthen trans-department and trans-regional customs clearance collaboration. Accelerate customs clearance management of inland, coastal areas and border areas. Ensure all customs clearance and commodity inspection formalities to be gone through at cargo in and out ports or at local customs and inspection and quarantine institutions. Except for specific commodities management needs, phase out the specified declaration ports for certificates and realize free choice of customs clearance ports for declarants.
(9) Create more efficient port customs clearance mode. Port management departments only retain necessary law enforcement operation such as inspection, inspection and quarantine at the port customs clearance sites. Push forward or move backward the unnecessary law enforcement on port customs clearance spot by possession management, advance service, follow-up examination or other methods to reduce the law enforcement on the port customs clearance spot to the minimum. Widely implement paperless port customs clearance and certificates online verification and cancel. Speed up passenger clearance information construction. Actively push forward the construction of the passenger self-service channels to increase passenger self-service customs clearance ratios.
(10) Establish port safety joint prevention and control mechanism. Based on port security prevention and control and national security, establish a normalized joint working mechanism. Jointly gather information, analyze and judge the risk. Regularly issue the port safe operation report. Research and establish risk monitoring and controlling center under the mature conditions. Port management departments can participate according to their respective functions. Increase investment in port security and protection facilities. Improve the mutual assistance mechanism of port supervision law enforcement. Strengthen the cooperation of port management departments on preventing and controlling violence and terror, responding to emergencies, cracking down on smuggling, tax rebates fraud, investigating the behavior of escaping from inspection and quarantine, anti-smuggling and stopping the import and export of the unsafe products and fake and inferior commodities.
Ⅲ. Improve the management system of efficient customs clearance.
(11) Optimize the port law enforcement resources. Deepen the port structural reform. Improve port management model. Rationally allocate the law enforcement power of customs, inspection and quarantine, frontier inspection, communication and transportation (land route), maritime affairs (water route) and other relevant departments. In the case of the similar responsibilities and the same object of law enforcement, research and explore the relative concentration exercise of administrative law enforcement rights and trans-department joint law enforcement under the mature conditions.
(12) Carry out the inspection mechanism innovation and comprehensive law enforcement experimental sites. Carry out the inspection mechanism innovation experimental sites in Gongbei, Hengqin, Wanzai between Zhuhai and Macau and Zhuhai-Macau cross-border industrial zone port. Carry out the comprehensive law enforcement experimental site of "front mutual inspection, back respectively disposition" in the port where conditions permit. Divide the work of port management departments according to their duties. Except for the special technical requirements of the law enforcement for waste, dangerous goods, etc., jointly inspect the entry or exit means of transport, cargos, things and personnel. Respectively deal with the illegal act according to function and power. Timely summarize and evaluate the experimental site conditions to ensure steady implementation.
Ⅵ. Improve overall environment of efficient customs clearance
(13) Improve port open layout. Increase the inland and border area port open. Formulate port open admittance criterion. Simplify the application and approval process of the port open, the acceptance procedures and the approval process of temporary open port. Formulate port exit and integrating management methods. Integrate or close the ports without customs clearance business for a long time or with too little volume of business and low social benefit. Distinguish the various functions and roles of ports according to the water-land-air-railway, inland-coastal area-border area or personnel-cargo categories. Explore to implement port differentiation management on hardware facilities, institution setting, human resources, inspection equipments and customs clearance mode, etc.
(14) Speed up the supervision system innovation and extension of customs special supervision areas and the free trade (harbor) zones. Speed up to improve policy and supervision mode which adapts to the development of free trade (harbor) zones in the new period and customs special supervision areas. Establish the grading promotion mechanism of “free trade (harbor) zones-customs special supervision areas- others” of the mature innovation measures in experimental sites in accordance with the relevant conditions to promote all-round opening up.
(15) Make the large international logistics channel smooth and support the construction of “One Belt and One Road”. Establish the customs clearance management mechanism that meets the needs of development strategies of “One Belt and One Road” and Yangtze River Economic Zone. Develop the multimodal transport logistics monitoring centers at the transportation hubs of water transport, air transport, railway and highway transportation. Acquire the entire logistics information of the multimodal transport through networking. Realize once declaration for multimodal transport and once inspection in the transport place (exit place) and directly release the goods whose sealing state doesn’t change except the goods, means of transport and packaging containers which need to be inspected and quarantined at the port. Expand the applicable scope of domestic and foreign trade using the same ship transportation, national ship transportation and cargo transportation of international flight domestic airlines. Increase comprehensive efficiency of transport capacity resources. According to requirements of hand-in-hand development of the five areas, the policy communication, facilities connections, smooth flowing, accommodation of funds, popular feelings communicate, strengthen the cooperation with port law enforcement agencies of the countries which are on the line of “One Belt and One Road”, promote "three-mutual" of customs cooperation, as well as bilateral cooperation or multilateral cooperation of the inspection and quarantine, certification and accreditation, standard measurement and statistical information, etc.. Promote the construction and sharing of cross-border joint supervisory facilities. Strengthen the coordination of working days and hours, processes and procedures of the cross-border supervision. Explore joint supervision. Promote “one site two inspections” inspection mode so that the passengers can go through the entry and exit formalities at the same site. Implement WTO Trade Facilitation Agreement. Promote the agreement on the connectivity of port infrastructure. Improve the international law enforcement mutual assistance. Reduce the time and cost of the cross-border flow of people, goods, capital and information.
(16) Promote the credit system construction of customs clearance. According to the overall deployment of state social credit system construction, accelerate the construction and application of import and export enterprise credit information base and port management policies and regulations information base. Timely publish illegal activities of inbound and outbound activities management counterparts and share, communicate and exchange such information with other departments. Implement differentiation customs clearance management according to the principle of stimulating honesty and punishing dishonesty. Support and motivate the honest behaviors and people while restrict and prohibit the dishonest people and law breakers.
(17) Improve the rule of law system construction of the customs clearance. Adhere to the timely revision, abolishment and release, enhance timeliness, systematicness, pertinence and effectiveness of laws and regulations. Promote the streamline administration and delegate power and combination of management and non-management of the port management departments. Cancel or transfer the power to a lower level for front examination and approval and improve the process supervision and the after-event supervision. Formulate port work regulations. Improve the laws and regulations related to port management. Make the power list and the responsibility list of law enforcement of port management departments. Public the basis, process and result of administrative enforcement of law and government review and approval according to law to improve the transparency and credibility of law enforcement. Strengthen the construction of government affairs public mechanism and platform to provide standard and efficient public services.
(18) Expand and standardize customs clearance service. Combining the reality of inbound and outbound logistics and passenger flow of each port, dynamically adjust port open and close time according to the local reality and expand customs clearance 24-hour service. Establish the evaluation system of port import and export goods customs release time. Evaluate and publish the national port customs clearance efficiency uniformly. Publish charging items, standards and basis of national ports. Optimize the export tax rebates service. Establish and improve the customs clearance management mechanism that meets the needs of the development of cross-border e-commerce and foreign trade comprehensive service. Improve the customs clearance management mechanism that adapts to the characteristics of the service trade. Give full play to the role of the port industry associations and promote the healthy development of the port customs clearance intermediary service market.
Ⅴ. Strengthen organizational leadership for efficient customs clearance.
(19) Clear the reform improvement steps of important areas and key links.
Recent period (2014-2015): Issue port work regulations and management methods of data sharing and use for national electronic port construction coordinate steering committee members. Improve the function of electronic port platform and improve the information exchange mechanism and sharing mechanism. Build "single window" in coastal ports. On the basis of full implementation of the customs inspection cooperation "three-once" (once declaration, once inspection, once customs clearance), accelerate the customs clearance integration reform and inspection and quarantine integration reform of the areas which closely related to the economy such as Beijing-Tianjin-Hebei Region, Yangtze River Economic Zone and Guangdong area. Realize the national reform by 2015. Establish the experimental sites of port inspection mechanism innovation in Zhuhai.
Mid-term (2016-2017): Revised and improve laws and regulations related to port management. Establish the mutual assistance mechanism of law enforcement of port management departments. Establish "single window" in each port of our countries. Realize the sharing of new and existing port inspection equipments, technical equipments, sites and facilities. Push forward or move backward port work process. Establish new effective customs clearance mode. Promote the reform of "one-stop operations". Establish and improve the normalized port safety joint prevention and control mechanism.
Long-term (2018-2020): Effectively establish the trans-department cross-regional collaboration mechanism of inland, coastal areas and border areas efficient customs clearance. Realize information sharing, uniform supervision standards in the same department, supervision law enforcement cooperation of different departments and mutual recognition of supervision results. Optimize the customs clearance process. Form the management system and mechanism which conforms to China's national conditions and has internationally competitive.
(20) Strengthen the organization and implementation of the plan. Give full play of the coordination role of the State Council port working inter-ministerial joint conference. Clear the implementing steps and completion time of various reforms. Coordinate to solve the major trans-department problems in the implementation of the reform. All departments should strengthen the relationship with the legislature for the timely revision, abolishment and release of laws and regulations that are related to the reform and the legal authorization required for experimental sites work. Ensure all reform measures have legal basis. Various departments shall cooperate with each other whole heartedly, spare no effect to promote the implementation of relevant reform measures, timely organize periodic evaluation, sum up experience and form the duplicable and propagable institutional system. The people's governments at various levels shall establish and improve the coordination and safeguard mechanism of efficient customs clearance, implement and strengthen the job responsibility. Various departments and regions should strengthen the supervision and inspection of implementation of this reform plan, promote the construction of customs clearance system and mechanism. Meet the needs of reform and development, improve the quality and ability of the port management law enforcement team. Strengthen the reform security. Give full play to the role of the market main body, form a good atmosphere, and jointly promote the construction of efficient customs clearance.
